The Constitutional Court, in its press release prior to the publication of the sentence that we discussed yesterday, has stated that The form of calculation of the Tax on Increase in the Value of Urban Land, commonly known as “municipal capital gain” is unconstitutional and therefore null. (whether there are gains or losses) which leaves the Tax without content and pending the publication of the aforementioned Judgment, we can conclude with respect to the transmissions made so far:
- If the settlement of the aforementioned Tax was by Self-assessment, a request for the return of undue income must be submitted before the expiry of the limitation period (four years and one month from the transmission, in the case of purchases and donations and four years and six months, in the case of inheritances)
- In the event that the City Council was to liquidate and issue the corresponding capital gain liquidation, the term to appeal is one month from the receipt of the resolution and the payment letter, after that period has elapsed, initially, the tax paid will no longer be recovered because the settlement will already be final, although as we have commented it will be necessary to wait for the content of the sentence.
For any questions, you can contact us through our phone 96 316 28 70, writing an email to cc@carraucorporacion.com or through our website.